SC grants leave to proceed with FR petition on procurement guidelines

By Lakmal Sooriyagoda   

The Supreme Court yesterday granted leave to proceed with a Fundamental Rights petition filed by Transparency International Sri Lanka (TISL) and its Chairman, challenging the 2024 Procurement Guidelines and Manual issued by the National Procurement Commission, citing concerns over insufficient safeguards against corruption — particularly in relation to unsolicited proposals.  

A three-judge bench comprising Justices Janak De Silva, Sampath Abeyakoon, and Sampath Wijeratne granted leave to proceed, noting potential violations and imminent infringement of rights protected under Articles 12(1) and 14(1)(g) of the Constitution. The matter was fixed for argument on January 26, 2026.  

The petitioners argued that the Procurement Guidelines and Manual for 2024 fail to include adequate protections to prevent corruption through unsolicited proposals —a method by which private parties initiate procurement processes without competitive bidding.  

The TISL emphasized that transparent and standardized procurement procedures are essential in ensuring accountability, reducing opportunities for bribery, kickbacks, and favoritism, and fostering public trust in state institutions.  

Viran Corea PC with Pramod Perera and Shermina Bangsajayah appeared for the Petitioners. Navodi De Zoysa, SC appeared for the Respondents.